CMS Issues NGHP Alert Clarifying MSP Criteria for Exposure, Ingestion, and Implantation Cases

On August 19th, CMS issued an NGHP alert which clarifies a previous alert regarding MSP applicability to exposure, ingestion, and implantation cases and the December 5, 1980 date. Within this alert, CMS notes that it is clarifying a previous alert dated October 11, 2011. For the new August 19th alert, click here. For the previous October 11, 2011 alert, click here.

The August 19th alert is very similar to the October 11, 2011 alert. The main change in the new alert is to reference that the “most recently amended operative complaint or comparable supplemental pleading” applies when looking to see if exposure, ingestion, or implantation was claimed or released before or after December 5, 1980.

In other words, RREs should take note that the most recently amended operative complaint or comparable supplemental pleading will be the document used in determining whether the exposure, ingestion, or implantation is claimed or released and whether the ingestion or exposure occurred on or after December 5, 1980 and thereby falls within the MSP or not.

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